Investing in real estate is not just about acquiring a title deed; it is about managing that asset with the right legal instruments. Especially in a high-mobility city like Istanbul, signing a “simple/standard lease agreement” is often an open invitation to eviction lawsuits that can last for years.

As a property owner, you should focus on these 4 critical points from a “preventative law” perspective during the contract stage:

Eviction Commitment (Tahliye Taahhütnamesi): Timing is Everything

An eviction commitment is invalid if signed on the “same day” as the lease agreement. The Court of Cassation interprets this as the tenant being under “undue pressure.” The safest route for the owner is to obtain the commitment a reasonable time (e.g., 2 weeks) after the tenant has moved in, and preferably “in the presence of a notary”. This preemptively eliminates obstacles like “signature objections” that can delay the process by up to 2 years.

Fixtures and Fittings Inventory with Photo Evidence

When you file a lawsuit claiming “the property was left in poor condition,” it is nearly impossible to receive compensation unless you can prove the initial state of the premises. Attaching “dated photographs” and a detailed inventory list of the boiler, built-in appliances, flooring, and paint condition to the contract is the property owner’s strongest insurance.

Ancillary Expenses and Dues (Aidat) Responsibility

Unpaid apartment dues (aidat) will eventually knock on your door as the property owner. The contract must clearly state that dues, common area expenses, and specific items in the management plan are to be paid by the tenant. Failure to pay should be explicitly defined as a “breach of contract” and a ground for eviction.

Notification and Communication Protocol

The biggest challenge, especially with foreign tenants, is the inability to serve legal notices (tebligat). A valid notification address within Turkey and, if possible, a Registered Electronic Mail (KEP) address must be included in the contract. Additionally, setting standards for the “description” field of bank transfers for rent payments provides ease of proof in potential rent determination lawsuits.